Hill Gets 20 Years for Attica Murder

BUFFALO, May 8—John B. Hill was sentenced today to prison for 20 years to life for the murder of William E. Quinn, a correction officer who died from a beating in the opening minutes of the 1971 Attica prison rebellion.

Charles Joseph Pernasilice was sentenced to a term of up to two years for attempted assault on the guard.

Before the sentencing this morning in State Supreme Court, Justice Gilbert H. King asked Mr. Hill, 23 years old and a part‐Mohawk, if he had anything to say.

Mr. Hill, a stocky man who was wearing a red sleeveless undershirt, rose and explained that he was standing, not out of respect for the court, but rather “so my people can hear what is in my heart.”

Mr. Hill said the case had been fabricated against him and Mr. Pernasilice largely because they were Indians, saying: “They indicted two young native Americans, two young people that hadn't even been at Attica for two months.”

“Have they ever thought about the 43 people who died at that time?” Mr. Hill asked. “Have they ever thought about The 14 million Indian people killed by the white man? We know that when they talk about justice they mean just us.”

He concluded his remarks by reading a prayer allegedly written by Chief Red Fox of the Oglala Sioux. The prayer called on the Great Spirit to “instruct the children of the white man to venerate truth.” Of the white man, it says, “He has conquered the world bnt not himself.”

When Mr. Hill had finished, Justice King addressed him:

“William Quinn was 28 years of age. He had a right to continue his life as a husband and father. No one talks about that. What you took from him, on the evidence in this case, is irretrievable.”

The justice then pronounced the, sentence, which means that Mr. Hill will be eligible for parole after nine years. Justice King also recommended that “for obvious reasons” Mr. Hill should not be sent to Attica.

The defendant was handcuffed and led away, urging his followers in court “to be strong.”

The proceedings at the Erie County Courthouse today began when Louis Aidalla, the prosecutor, urged Justice King to impose a sentence “commensurate with the crime.”

“William Quinn was murdered because of the position he held at the time,” Mr. Aidalla said. “It wasn't important who he was to John Hill, but what he was at that time.”

The prosecutor referred to the special place of law enforcement officers as “barriers between the majority of decent

‘Outrageous Display’ law‐abiding citizens and lawless people who would destroy society.”

Mr. Aidalla then characterized the frequently turbulent trial as a vindication of the American system of justice, which he described as having “been under serious attack here.”

“I've been booed, hissed, and spat upon and a member of the defense has referred to :me as Mafia but the ability of the court to withstand the attacks on it has sustained the system of justice,” he said.

William M. Kunstler, Mr. Hill's attorney, addressed most of his brief remarks to this I view:

“This is not a fair and equal system of justice,” he said. “All pontifical statements to that effect are hypocritical. The real criminals are never brought to trial. they are pardoned for millions of deaths in Vietnam. We all know who murdered 43 people at Attica.”

In saying this, Mr. Kunstler was alluding to the contention of the defense and of others that no state trooper or guard had yet been indicted for possible roles in the assault on the inmate‐held prison.

“John Hill was tried by a prejudiced judge In a prejudiced courtroom,” Mr. Kuntsler exclaimed. “I'm not going to say any more since any further. statement might be interpreted as legitimizing this proceeding. I know nothing I say will affect what you do and in this solemn moment I'm not going to give the impression to the outside world that there is justice here.”

Justice King asked whether

Kunstler's Remarks Mr. Kuntsler wished to withdraw his challenge to the court. Mr. Kuntsler said he would let it stand in the record.

When court reconvened after lunch, it was Mr. Pernasilice, 22 years old, who stood for judgment. He decided not to speak for himself, and stood when the judge addressed him.

Ramsey Clark, Mr. Pernasilice's attorney, spoke softly in his behalf, repeating several times that his client had suffered sufficiently by having the original murder indictment hang over him for three and a half years. He noted that Mr. Pernasilice had been accepted at Syracuse University and that prior to the Attica indictment he had never been convicted as an adult of any crime. He noted too, that there was nothing in the defendant's earlier record to indicate a history of violence.

Mr. Pernasilice had been at Attica for just two weeks when the riot erupted, Mr. Clark reminded the court. He had been taken to the prison on a charge of violating his parole as a youthful offender. That original charge resulted from his theft of a motorcycle when he was 16 years old.

“It was chance that brought him to Attica,” said Mr. Clark, a former United States Attorney General.

Justice King responded by saying that much of what Mr. Clark had argued was buttressed by presentencing probationary reports. Of the charges and the evidence against Mr. Pernasilice, Justice King noted “your involvement in the matter was peripheral and brief.”

Two Weeks at Attica But he chastised the slight, long‐haired youth for his deportment during the trial, saying that his outbursts had threatened to impair the court's ojectivity.

“It showed a constant disregard and disrespect for ‘law. Unless you change that attitude you are inevitably headed for More difficulty,” the justice said.

Mr. Pernasilice, who wore an earring in one ear, and a set of jingling bells at his belt, stood without commenting.

After pronouncing sentence, Justice King ordered Mr. Pernasilice continued on $10,000 bail pending his appeal. Lawyers for both defendants are filing appeals.

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A version of this archives appears in print on May 9, 1975, on Page 70 of the New York edition with the headline: Hill Gets 20 Years for Attica Murder. Order Reprints|Today's Paper|Subscribe